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Patna High Court - Orders

Paras Yadav vs The State Of Bihar on 10 May, 2017

Author: Ashwani Kumar Singh

Bench: Ashwani Kumar Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Criminal Appeal (SJ) No.255 of 2016
                           Arising Out of PS.Case No. -73 Year- 2014 Thana -SIMRI District- BUXAR
                 ======================================================
                 Paras Yadav, son of Late Hare Ram Yadav, Resident of Village- Dullahpur,
                 P.S. Simri, District- Buxar.
                                                                                 .... .... Appellant/s
                                                       Versus
                 The State of Bihar
                                                          .... .... Respondent/s
                 ========================================================
                 Appearance :
                 For the Appellant/s      : Mr. Jitendra Narain Sinha, Adv.
                 For the Respondent/s : Mr. Abhay Kumar(APP)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
                 ORAL ORDER

6   10-05-2017

Re: I. A. No. 992 of 2017 By way of the present interlocutory application the appellant has prayed for extension of the provisional bail granted to him by order dated 11.01.2017 on medical ground.

The appellant has been convicted under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo R.I. for 10 years.

The prayer for bail of the appellant has already been rejected on merits vide order dated 17.05.2016. However, subsequently, vide order dated 11.01.2017, the appellant was granted provisional bail for a period of four months from the date of release on medical grounds.

The appellant has annexed certain prescriptions in order to show that he is still under treatment and in order to fully Patna High Court CR. APP (SJ) No.255 of 2016 (6) dt.10-05-2017 2/2 recover from Prolapsed Intervertebral Disc (P.I.D.) with Arthritis, Inguinal Hernia and Chronic Gastritis, he may be allowed to continue on provisional bail.

I have perused the medical prescriptions brought on record. They do not inspire confidence.

In that view of the matter, I see no merit in this interlocutory application. Accordingly, the prayer for extension of provisional bail is rejected. The appellant is directed to surrender positively within the period stipulated in the previous order dated 11.01.2017.

The interlocutory application stands dismissed.

(Ashwani Kumar Singh, J) Pradeep/-

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